HB 1190 — establish the South Dakota-tribal consultation commission.

1190B26.746.13 101st Legislative Session 1190 South Dakota Legislature House Bill 1190 AMENDMENT 1190B FOR THE INTRODUCED BILL Introduced by:

Representative Emery An Act to establish the South Dakota-tribal consultation commissioncommission. South Dakota- Tribal Consultation Commission.

B E IT ENACTED BY THE LEGISLATUREL EGISLATURE OF THE SSTATE TATE OF SOUTH D AKOTA :

OverstrikesThe indicatecommission deletedshall language.submit an annual report of its findings and recommendations to the Governor on or before December first of each year.

1190B 2 1190 The commission shall submit an annual report of its find(ings and recommendations to the Governor on or before December first of each year.

There is established the South Dakota-Tribal Consultation Commission to:

(1) Foster continuing cooperation, coordination, and collaboration between the state and the nine federally recognized Indian tribes;

(2) Provide a forum for government-to-government consultation between the state and each Indian tribe;

(3) Strengthen the government-to-government relationship between the state and each Indian tribe;

(4) Recognize and respect tribal sovereignty and self-governance;

(5) Provide a structured forum for meaningful, timely, and substantive consultation on matters of shared concern;

(6) Facilitate coordination and cooperation in the development of state policies, initiatives, and programs;

(7) Review state initiatives that may have a substantial effect on tribal governments, citizens, lands, institutions, or other interests;

(8) Provide recommendations to promote collaboration, reduce jurisdictional conflict, and strengthen intergovernmental relationships;

(9) Support alignment of state and tribal priorities in areas of mutual concern;

and (10) Develop and advance proposed legislation for consideration by the Legislature, which may strengthen state-tribal relations and provide mutual benefit to the state and each Indian tribe.

Nothing in this Act may be construed as a waiver of tribal sovereignty, jurisdiction, treaty rights, or self-governance authority.

Nothing in this Act may be construed to be a delegation of tribal powers to the state.

The commission may not exercise any regulatory authority over tribal governments, lands, or institutions, and functions only as a forum for coordination and cooperation.

Section 2.

That a NEW SECTION be added to chapter 1-54:

The South Dakota-Tribal Consultation Commission consists of:

(1) The Governor or a cabinet-level designee;

(2) The secretary of the Department of Tribal Relations, or the secretary's designee;

(3) One representative from each federally recognized Indian tribe, appointed by the governing body of the tribe;

Overstrikes indicate deleted language.

1190B 3 1190 (4) One member of the State-Tribal Relations Committee from the House of Representatives, appointed by the speaker of the House of Representatives;

and (5) One member from the State-Tribal Relations Committee from the Senate;

appointed by the president pro tempore of the Senate.

Any vacancy on the commission must be filled in the same manner as the original appointment.

At its initial meeting, the commission shall elect a chair and vice chair from among its members.

The Department of Tribal Relations shall provide administrative support to the commission.

The commission shall meet at least once every three months.

Section 3.

That a NEW SECTION be added to chapter 1-54:

At each meeting of the South Dakota-Tribal Consultation Commission, the Governor or the Governor’s designee shall provide a report detailing any initiative that the state has undertaken since the previous meeting, or any relevant update on an initiative previously reported to the commission and shall receive feedback from the commission regarding any potential impacts on tribal interests.

Section 4.

That a NEW SECTION be added to chapter 1-54:

The South Dakota-Tribal Consultation Commission shall submit an annual report of its findings and recommendations to the Governor on or before December first of each year.

Section 5.